Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Certiorari as an Improper Remedy: Interlocutory Orders and Grave Abuse of Discretion in Recovery of Possession
A party cannot use certiorari to challenge interlocutory orders like a denied motion to dismiss or default order when ordinary remedies exist.
Certiorari as an Improper Remedy: Procedural Lapses in Drug Possession Cases
Explaining why certiorari is an improper remedy and how procedural lapses in drug possession cases can lead to acquittal.
Trust Receipts Law: Corporate Officers' Liability and Due Diligence in Criminal Demurrers
When a demurrer to evidence is granted in a trust receipts case, private complainants may still question the civil aspect via certiorari.
Challenging Ombudsman Decisions: Certiorari vs. Appeal in Administrative Cases
Learn when to file certiorari instead of appeal against Ombudsman decisions in administrative cases, and the limits of the condonation doctrine.
Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes
Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.
Venue Stipulations and the Right Remedy: Pillars Property v. Century Communities
The Supreme Court clarifies when a venue stipulation binds parties and why dismissal for improper venue calls for certiorari, not appeal.
Res Judicata and Preliminary Attachment: Protecting Judicial Stability in Debt Recovery
Learn how the Supreme Court applied res judicata and litis pendentia to bar a second certiorari petition challenging a writ of preliminary attachment in debt collection.
Certiorari as Remedy Challenging Ombudsman Decisions in Administrative Cases
When can you file certiorari against an Ombudsman ruling? The Supreme Court clarifies the proper remedy for complainants when the Ombudsman absolves a respondent.
Binding Counsel When Attorney Negligence Impacts Client Rights IN Philippine LAW
Philippine Supreme Court clarifies when a client is bound by counsel's negligence and why certiorari cannot replace a lost appeal.
Finality of Election Decisions: Untimely Appeals and Mootness in Barangay Disputes
The Supreme Court explains why an untimely certiorari petition and a moot issue doomed a barangay election protest appeal.
Final Orders vs. Interlocutory Orders: Why Certiorari Cannot Replace a Lost Appeal
Philippine Supreme Court clarifies that dismissal orders are final and appealable, not subject to certiorari. Learn the rules.
Procedural Rigidity vs Substantive Justice: Dismissal for Non-Compliance in Philippine Courts
Philippine courts may dismiss petitions for certiorari for procedural lapses like defective forum shopping certificates. Learn the rules.
Certiorari Denied: Exhausting Appeals Before Seeking Extraordinary Writs in Tax Disputes
Learn why the Supreme Court denied certiorari in a forfeiture case, emphasizing the need to exhaust appeals before seeking extraordinary writs.
Supreme Court Upholds Strict Rules on Certiorari Petitions in Labor Cases
Learn how the Supreme Court enforces strict rules on certiorari petitions and what this means for legal practitioners and clients.
Double Jeopardy and Grave Abuse of Discretion: The Limits of Certiorari in Acquittal Reversal
The Supreme Court explains when a Rule 65 petition may—and may not—challenge an acquittal by the Sandiganbayan.
Where to File Certiorari Against PDIC Decisions on Deposit Insurance Claims
Learn where to file certiorari against PDIC decisions on deposit insurance claims, and what makes a deposit insurable under Philippine law.
Bail and Plunder: Examining the Strength of Evidence for Provisional Liberty
The Supreme Court upholds denial of bail in plunder case, explaining the standard of "strong evidence" and the limits of certiorari review.
Certiorari Filing Deadlines: The 60-Day Rule and Grave Abuse of Discretion
A dismissed employee's appeal was wrongly rejected by the Court of Appeals before the 60-day certiorari period lapsed—what this means for litigants.
Procedural Rigidity vs Substantive Justice: Certiorari Petitions in Labor Disputes
The Supreme Court clarifies when strict procedural rules in certiorari petitions outweigh substantive justice in labor cases.
Dismissal Due to Technicality: Navigating Procedural Requirements in Labor Disputes
The Supreme Court affirms that strict compliance with procedural rules, like attaching certified true copies and stating material dates, is essential in certiorari petitions.
DARAB Overreach: Examining the Limits of Administrative Authority in Agrarian Disputes
The Supreme Court rules that DARAB cannot issue writs of certiorari, as administrative agencies lack judicial power.
Grave Abuse of Discretion: When a Trial Court's Error Warrants Certiorari
The Supreme Court clarifies when a trial court's procedural error amounts to grave abuse of discretion, making certiorari the proper remedy.
Certiorari as Exception to Appeal: Grave Abuse of Discretion in Court Dismissals
When can certiorari replace appeal? The Supreme Court explains the exceptions in Martinez v. Buen, including grave abuse of discretion.
Third Party Claims in Execution: Protecting Property Rights Under Rule 39
Learn how third-party claimants can protect property wrongly levied in execution, and why certiorari is not the right remedy.